Landau v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 27, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material,, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 27, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material,, are stated in the opinion. The use of one of the principal public thoroughfares of the American metropolis on the occasion in question for the exhibition of the dangerous fireworks display constituted, in and of itself, a public nuisance. (Speir v. City of Brooklyn, 139 N. Y. 6 ; 2 S. & R. on…
1Opinion of the CourtVann, J.
The question presented by this appeal involves the liability of the defendant for an explosion of fireworks, which occurred on Madison avenue, adjoining Madison square, on the evening of election day, November 4th, 1902, whereby eighteen persons were killed, including the plaintiff’s intestate, and about two hundred injured.
The board of aldermen of the city of New York have power to “ prevent encroachments upon and obstruction to the streets, and to authorize and require their removal by the proper officers.” They “ shall not have power,” as the charter expressly provides, “ to authorize the…
2Cases cited7 opinions
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Speir v. . City of BrooklynNew York Court of Appeals · 1893
- Little v. City of MadisonWisconsin Supreme Court · 1877
- Stoddard v. Village of Saratoga SpringsNew York Court of Appeals · 1891
- Conklin v. ThompsonNew York Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Melker v. . City of New YorkNew York Court of Appeals · 1908
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
- Herman v. . City of BuffaloNew York Court of Appeals · 1915
- Hoppe v. City of WinonaSupreme Court of Minnesota · 1911
31 more not listed; retrieve them via the Exa API.